CONSTITUTIONAL AND LEGAL FRAMEWORK OF DECENTRALIZATION OF POWER IN POST-SOVIET BALTIC STATES – MEMBERS OF EUROPEAN UNION
Journal Title: Право та інновації - Year 2016, Vol 1, Issue 13
Abstract
Problem setting. The process of decentralization of power in Europe became widespread after the Second World War. Currently, the principle of decentralization of power recognized as a fundamental constitutional principle of organization and activity of public authorities of Council of Europe and the EU member-states. Therefore, the decentralization of public administration in Ukraine becomes one of the priorities of constitutional reform. The peculiarity of the decentralization of power in Ukraine is that the reforming of local government, administrativeterritorial structure and state regional policy are carried out contemporaneously. Given this, it is useful to study the experience of the implementation of constitutional and legal mechanisms for the decentralization of power to the example of post-Soviet Baltic states – members of the European Union that pass the similar way to reform the central-local relations. Analysis of recent research and publications. The main stages of reforming, the urgent issues and the prospects for the development of local governments in the Baltic countries have been studied in the Ukrainian by following scientists (I. Garashchuk, O. Petryshyna, L. Prokopenko, A. Tkachuk, etc.). Target of research. The purpose of the article is to disclose the content of the constitutional and legal principles of decentralization of power in post-Soviet Baltic states – members of the European Union. Article’s main body. In Estonia, Latvia, Lithuania the radical transformation of the legal basis of the Soviet centralized system of local government began with the proclamation of the Declaration on Restoration of Independence and to the adoption of the Basic Laws of new sovereign states (resumed pre-Soviet Constitution). The common feature of the Basic Laws’ provisions of Latvia, Lithuania and Estonia that governing the central-local relationship is the embodiment of the basic principles of the European Charter of Local Self-Government and its blanket nature. Therefore, the specific measures concerning with the decentralization of power in these countries are implemented on the basis of the ordinary laws of parliament and government regulations. The abovementioned feature of the constitutional and legal principles of decentralization of power based on, firstly, the lack of comprehensive and systematic concept of decentralization of public administration and, secondly, the recognition by the constitutional control institutions of these countries of the European Charter of Local Self-Government provisions as the part of the national legislation system that have priority and applies directly. Today, in the post-Soviet Baltic states the common problems in the sphere of implementing the constitutional and legal principles of decentralization of power have been observed. Among them: gaps in funding of the delegated authority, the limitation of financial autonomy, the presence of duplicate jurisdiction of local governments at various levels, too complex legislation, etc.). Conclusions and prospects for the development. The existing specific content of the constitutional and legal framework of decentralization of power help to save the increased stability of constitutional provisions; to ensure significant progress in the reform of public administration and to create the springboard for further improvement of the organization of public authorities. The experience of the constitutional and legal regulation of decentralization of power in post-Soviet Baltic states – members of the European Union should be taken into account in modern conditions of reforming the Constitution of Ukraine.
Authors and Affiliations
K. O. ZAKOMORNA
Keywords
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